If you have purchased a car in Mississippi from a private owner and there is a defect with the car affecting the value, use, or safety with the car, then you are most likely upset with the seller and wondering what, if anything, you can do about it. Most people know that there are so-called “lemon laws” which apply to some car purchases and which can result in a refund of your purchase price, but are unclear as to whether or not they apply to their situation. Below we take a brief look at how Mississippi’s lemon law affects sales of cars purchased from a private owner.
The Lemon Law Applies to Some Cars Purchased for Private Owners
In any lemon law claim in Mississippi, there is a requirement that the car be under an express warranty (as opposed to an “implied warranty”) from the manufacturer or its agent. An express warranty can accompany the sale of either a new or used car.
Although many used car purchases occur once a warranty has run out, if the car you purchased from a private seller still has a warranty from the manufacturer or its agent that is in effect, then you may be able to bring a lemon law claim if the manufacturer is unable or unwilling to repair the car after a reasonable number of attempts.
Bringing Your Lemon Law Claim
Note that, when bringing a lemon law claim, you are taking an action against the manufacturer and not the private seller who sold you the car. It may be the case that the private seller had attempted to resolve the problem prior to your purchase, and so you might be able to rely on efforts already made by that individual to have the problem fixed. If the car is out of warranty but the private seller fraudulently hid the defect from you, then you can potentially bring a fraud or misrepresentation claim against the private seller, but it will not be considered a lemon law claim. Speaking with an experienced lemon law attorney is often the best way to assess your legal options and move forward towards full recovery of your purchase price.
Trusted, Experienced Legal Representation in Your Mississippi Lemon Law Case
By working with an experienced lemon law attorney in Mississippi, you can increase your chances of obtaining a full and speedy recovery of the purchase price of your used car. At Herrington Law, we have successfully represented auto consumers across Mississippi in recovering the purchase price of their used cars, and are committed to winning justice for auto consumers who’ve suffered losses through no fault of their own. Contact us today to begin assessing and pursuing your claim as quickly as possible.